Gentry v. Deuth
Criminal: Conditional Writ of Habeas Corpus
Western District of Kentucky at Paducah
BOGGS, Chief Judge. This is a case in which the district court granted a conditional writ of habeas corpus after the petitioner had already been released from incarceration, but no party challenges that order. Instead, the respondent-appellant Commonwealth of Kentucky challenges the district court’s subsequent order rendering the conditional writ absolute in response to the appellee’s motion to enforce, on the grounds that the commonwealth had failed to comply with the district court’s conditions. By the express terms of this order, the district court nullified the petitioner appellee’s criminal conviction so that she would not suffer any collateral consequences as a result of her felony conviction. For the reasons stated below, we affirm.